TERMS AND CONDITIONS
These terms and conditions (the "Terms and Conditions") govern the use of www.smaxactive.com (the "Site"). This Site is owned and operated by SMAX Active Company Limited (hereafter “SMAX Active”). This Site is an ecommerce website.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
All trademarks, service marks, trade names and logos are proprietary to SMAX Active.
All content published and made available on our Site is the property of, or is under license to, SMAX Active Company Limited and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
Other than as expressly set out in these Terms and Conditions and except as permitted by applicable law, nothing contained on the website should be construed as granting any license or right to use any of SMAX Active’s intellectual property.
Unless a license or right is provided by us in writing, your use of the trademarks and logos and content displayed on this website is strictly prohibited.
When you create an account on our Site, you agree to the following:
You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.
We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.
Ownership of information
Other than personal data or information, information you transmit to SMAX Active via this website or by electronic mail, including comments, data, questions or suggestions will be treated as non-confidential and non-proprietary and will become the property of SMAX Active and SMAX Active is free to disclose or reproduce that information and to use any ideas, concepts, know-how, or techniques contained therein for any purpose whatsoever.
Sale of Goods
These Terms and Conditions govern the sale of goods available on our Site.
The following goods are available on our Site:
Children’s Apparel; and
We have a duty to supply goods that match the description of the good(s) you order on our Site.
These Terms and Conditions apply to all the goods that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods are as accurate as possible. However, we cannot guarantee the accuracy of all goods we provide. You agree to purchase goods from our Site at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
We accept the following payment methods on our Site:
Cash payment by Bank Transfer.
Credit Card, subject to participating cards and availability of electronic payment gateway services. If this method is not offered when checking out, this means it is currently unavailable.
When you provide us with your payment information, you authorise our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorise us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
Shipping and Delivery
When you purchase goods from our Site, the goods will be delivered through one of the following methods:
Priority delivery by courier or post. Delivery time is dependent on location advised at time of order.
Delivery will take place as soon as reasonably possible, depending on the delivery method. Delivery times may vary due to unforseen circumstances. Please note that delivery times do not include weekends and bank holidays.
You will be required to pay delivery charges in addition to the price for the goods you purchase unless we advise that these are waived due to the volume of your purchase or for a promotion period.
If you purchase goods from us for delivery to a destination outside of Thailand, your purchase may be subject to import duties and taxes applied by the destination country. You are responsible for paying any such duties or taxes. Please contact your local customs office for more information before making a purchase. We are not responsible for the payment of any such duties or taxes and are not liable for any failure by you to pay them.
You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for the delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.
We start processing orders as soon as they are confirmed and this includes packaging materials and committing third party fulfilment, typically same or next day to order completion. For this reason and in the interests of ethical and sustainable commerce, we do not accept cancellations or changes to confirmed and paid orders. We remind this clearly before order confirmations and payment. Please only proceed to confirm and pay if you are satisfied with your order.
Returns and Refunds Policy
We strive for the highest standards of quality and accuracy but provide you with rights if for any reason we have not met these standards. You can request a refund within 14 days of receiving your order, where:
1. You received goods different to what you ordered, by emailing “Order Fix” in the subject line to email@example.com ;
2. Your goods were damaged, or you suspect they were damaged based on the condition of the delivery parcel (for example, it was punctured or materially misshapen). In this case, where possible do not accept the parcel and ask it be returned by the delivery service. Failing this, do not open the parcel. Capture a photo of the parcel and email it with “Order Fix” in the subject line to firstname.lastname@example.org ;
We will respond to your email to rectify the situation as fast as possible, including return of the goods, replacement or refund where applicable.
Links to Other Websites
Where our Site contains links to third party websites or services that we do not own or control we are not responsible for the content, policies, or practices of the third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.
Limitation of Liability
SMAX Active Company Limited and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
Except where prohibited by law, by using this Site you indemnify and hold harmless SMAX Active Company Limited and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
These Terms and Conditions are governed by the laws of the Kingdom of Thailand.
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
Please contact us if you have any questions or concerns. Our contact details are as follows:
Tel: +66 (0)648 259992
Mail: 446/72, 2nd Floor, Pridibanomyong 20/1, Sukhumvit 71 Road, Phrakhanong Nuea, Wattana, Bangkok, Thailand 10110
You can also contact us through the feedback form available on our Site.
Effective Date: 1st day of April, 2022